Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 85913 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due, notwithstanding § 201.14(a) 

of the Commission’s Rules of Practice 

and Procedure. No other submissions 

will be accepted, unless requested by 

the Commission. Any submissions and 

replies filed in response to this Notice 

are limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3710’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures) 1. Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) by the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: December 5, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–27109 Filed 12–8–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1314] 

Certain Computer Network Security 

Equipment and Systems, Related 

Software, Components Thereof, and 

Products Containing Same; Notice of 

Commission Determination To Review 

in Part and, on Review, To Affirm a 

Final Initial Determination Finding No 

Violation of Section 337; Termination 

of the Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in part a final initial determination 

(‘‘Final ID’’) issued by the presiding 

administrative law judge (‘‘ALJ’’) 

finding no violation of section 337 of 

the Tariff Act of 1930, with respect to 

U.S. Patent Nos. 9,264,370 (‘‘the ’370 

patent’’); 10,193,917 (‘‘the ’917 patent’’); 

and 10,284,526 (‘‘the ’526 patent’’). On 

review, the Commission has determined 

to take no position regarding whether 

the economic prong of the domestic 

industry requirement is satisfied, and to 

affirm under modified reasoning the 

Final ID’s finding of no violation of 

section 337 with respect to those 

patents. This investigation is 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

Robert Needham, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2392. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: On May 

24, 2022, the Commission instituted this 

investigation based on a complaint, as 

amended and supplemented, filed on 

behalf of Centripetal Networks, Inc. of 

Reston, Virginia. 87 FR 31581–82 (May 

24, 2022). The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1337 

(‘‘section 337’’), based upon the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain computer network security 

equipment and systems, related 

software, components thereof, and 

products containing the same that 

infringe certain claims of the ’370 

patent, the ’917 patent, and the ’526 

patent. Id. at 31581. The complaint also 

alleged that a domestic industry exists. 

Id. The Commission’s notice of 

investigation names Keysight 

Technologies, Inc. of Santa Rosa, 

California (‘‘Keysight’’) as a respondent. 

Id. The Office of Unfair Import 

Investigations (‘‘OUII’’) is participating 

in this investigation. Id. 

On January 20, 2023, the complainant 

provided notice that it changed its name 

to Centripetal Networks, LLC 

(‘‘Centripetal’’). Complainant’s Notice of 

Corporate Name Change (Jan. 20, 2023). 

On March 6, 2023, the Commission 

granted the complainant’s motion to 

amend the complainant and notice of 

the investigation to reflect the name 

change. Order No. 32 (Feb. 3, 2023), 

unreviewed by Comm’n Notice (Mar. 6, 

2023). 

Centripetal originally asserted that 

Keysight violated section 337 based on 

infringement of claims 22–27, 42–48, 

and 63 of the ’370 patent; claims 1, 5, 

11, 15, and 20 of the ’917 patent; and 

claims 1–3, 6, 11–13, and 16 of the ’526 

patent. 87 FR at 31581–82. The 

Commission previously terminated the 

investigation with respect to claims 23– 

27, 42, 44–48, and 63 of the ’370 patent, 

claims 1, 5, and 15 of the ’917 patent, 


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85914 Federal Register / Vol. 88, No. 236 / Monday, December 11, 2023 / Notices 

and claims 2, 6 and 12 of the ’526 patent 

based on Centripetal’s partial 

withdrawal of the complaint. Order No. 

27 (Jan. 27, 2023), unreviewed by 

Comm’n Notice (Feb. 24, 2023); Order 

No. 39 (Feb. 27, 2023), unreviewed by 

Comm’n Notice (Mar. 29, 2023). 

Accordingly, at the time of the 

evidentiary hearing, claims 22 and 43 of 

the ’370 patent, claims 11 and 20 of the 

’917 patent, and claims 1, 3, 11, 13, and 

16 of the ’526 patent remained at issue. 

On September 26, 2022, the ALJ 

conducted a Markman hearing. On 

February 22, 2023, the ALJ issued a 

claim construction order. Order No. 37 

(Feb. 22, 2023). The ALJ held an 

evidentiary hearing on March 1–3 and 

6–7, 2023. 

On August 8, 2023, the ALJ issued the 

Final ID finding no violation of section 

337 with respect to any asserted patent. 

Specifically, the Final ID finds that: (1) 

with respect to the ’370 patent, claims 

22 and 43 are not infringed and are 

invalid for being directed to 

unpatentable subject matter under 35 

U.S.C. 101, and the technical prong of 

the domestic industry requirement is 

not satisfied; (2) with respect to the ’917 

patent claims 11 and 20 are infringed 

and the technical prong of the domestic 

industry requirement is satisfied, but 

the asserted claims are invalid as 

obvious under 35 U.S.C. 103; and (3) 

with respect to the ’526 patent, claims 

1, 3, 11, 13, and 16 of the ’526 patent 

are not infringed and are invalid as 

anticipated under 35 U.S.C. 102, but the 

technical prong of the domestic industry 

requirement is satisfied. Finally, the 

Final ID finds that Centripetal has 

satisfied the economic prong of the 

domestic industry requirement under 

Section 337(a)(3)(A) and (B) with 

respect to each of the asserted patents. 

The ALJ recommended that, if the 

Commission were to find a violation of 

section 337, the Commission should 

issue a limited exclusion order and 

cease and desist order with respect to 

Keysight. The ALJ also recommended 

that, should a violation be found, the 

bond rate be set at a 100 percent of 

entered value of the products imported 

during the period of Presidential review. 

On August 14, 2023, the Commission 

requested comments from the public 

and interested government agencies 

regarding any public interest issues 

raised by the ALJ’s recommended 

determination on remedy and bonding. 

88 FR 55067–68 (Aug. 14, 2023). The 

Commission received no comments 

from the public or government agencies. 

On September 7, 2023, Centripetal and 

Keysight provided comments on the 

public interest pursuant to Commission 

Rule 210.50(a)(4). 19 CFR 210.50(a)(4). 

On August 23, 2023, Centripetal filed 

a petition for review challenging the 

Final ID’s findings that: (1) the ’370 

patent claims are not infringed or 

invalid for being directed to 

unpatentable subject matter, and that 

the technical prong of the domestic 

industry requirement is not satisfied as 

to that patent; (2) the ’917 patent claims 

are invalid for obviousness; and (3) the 

’526 claims are not infringed and 

invalid for anticipation. On September 

1, 2023, Keysight and OUII filed 

responses opposing the petition for 

review. 

Having examined the record of this 

investigation, including the ALJ’s Final 

ID, the petitions for review, and the 

responses thereto, the Commission has 

determined to review the Final ID in 

part and, on review, to affirm the Final 

ID’s finding of no violation. Specifically, 

the Commission reviews the Final ID’s 

finding that Centripetal waived its 

argument that the Check Point R77.30 

prior art software does not satisfy the 

limitation ‘‘creat[ing] the list of the 

identification data based on the received 

at least one list of network addresses 

and/or domain names’’ in claims 3 and 

13 of the ’526 patent. The Final ID finds 

waiver because Centripetal failed to 

contest that limitation in its prehearing 

brief. Id. at 203–204. Centripetal, 

however, showed that it argued in its 

prehearing brief that the Application 

and URL Filter do not satisfy the claim 

language because that functionality is 

performed after decryption. Pet. at 76. 

Accordingly, the Commission 

determines to review the Final ID’s 

finding of waiver, and, on review, finds 

that Centripetal did not waive its 

argument. 

The Commission, however, 

determines to affirm under modified 

reasoning the Final ID’s finding that 

Check Point R77.30 satisfies the 

limitation ‘‘creat[ing] the list of the 

identification data based on the received 

at least one list of network addresses 

and/or domain names.’’ In addition to 

the reasons found in the Final ID, and 

as argued by OUII, the Application and 

URL Filter satisfy the claim language 

because the filter uses category-based 

rules based on a subscription service to 

determine what traffic to decrypt and 

inspect. See RX–0529.0039–41 

(describing a HTTPS inspection policy 

with rules that use subscription-service 

categories to inspect traffic); id. at .0035 

(explaining that HTTPS inspection 

involves decrypting data, inspecting the 

clear text, and re-encrypting the data). 

The Commission has also determined 

to review the Final ID’s finding that the 

economic prong of the domestic 

industry requirement is satisfied. On 

review, the Commission has determined 

to take no position as to whether the 

economic prong of the domestic 

industry requirement is satisfied. 

The Commission has determined not 

to review the remainder of the Final ID. 

Consequently, the Commission finds no 

violation of section 337 with respect to 

any asserted patent. This investigation 

is hereby terminated with a finding of 

no violation of section 337. 

The Commission vote for this 

determination took place on December 

5, 2023. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: December 5, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–27050 Filed 12–8–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1607–1611 

(Final)] 

Boltless Steel Shelving Units 

Prepackaged for Sale From India, 

Malaysia, Taiwan, Thailand, and 

Vietnam; Scheduling of the Final 

Phase of Antidumping Duty 

Investigations 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of the final 

phase of antidumping investigation Nos. 

731–TA–1607–1611 (Final) pursuant to 

the Tariff Act of 1930 (‘‘the Act’’) to 

determine whether an industry in the 

United States is materially injured or 

threatened with material injury, or the 

establishment of an industry in the 

United States is materially retarded, by 

reason of imports of boltless steel 

shelving units prepackaged for sale 

(‘‘boltless steel shelving’’) from India, 

Malaysia, Taiwan, Thailand, and 

Vietnam, provided for in subheading 

9403.20.00 of the Harmonized Tariff 

Schedule of the United States. The 

Department of Commerce (‘‘Commerce’’) 

has preliminarily determined imports of 

boltless steel shelving from Malaysia, 

Taiwan, Thailand, and Vietnam to be 

sold at less-than-fair value. In addition, 

Commerce has made negative 


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